- 12 - Commissioner, supra; Parks v. Commissioner, supra; Hebrank v. Commissioner, supra. A conviction for willful falsification under section 7206(1) does not estop a taxpayer from denying fraud. Wright v. Commissioner, 84 T.C. 636, 643 (1985). In this case, the parties have stipulated that there was an underpayment of tax by petitioners for the taxable year 1975. It follows that the only remaining issue that respondent must prove is that of fraudulent intent. Petitioners have presented evidence indicating that petitioner received no skim income from the sale of "Adios Amigos" to Caldwell Properties and that he may not have known about the inflated nature of the reported purchase price of the movie. He was not an attorney for Caldwell. Petitioners suggest that the jury may have convicted on the section 7206(1) count because the prosecution convinced it that petitioner had received other film income--which respondent now concedes petitioner did not receive. None of the counts on which petitioner was convicted, singly or in combination, establishes that petitioner had fraudulent intent. Indeed, the judge at the criminal trial explicitly instructed the jury that it could convict on the section 7206(2) counts whether or not petitioner intended to evade tax, whereas he issued a contrasting instruction on a section 7201 chargePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011